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November is Will Aid month, when participating solicitors waive their fee for writing a basic will. Instead, they invite you to make a voluntary donation to Will Aid, a charity that raises funds for many worthwhile causes, while offering UK adults the reassurance of having a professionally written will.
This makes it the perfect time to ensure you have a valid will in place.
Worryingly, data released by Will Aid shows that 67% of adults in the UK either don’t have a will or have one that’s out of date.
If you have a will but you haven’t reviewed it for some time, it may no longer reflect your circumstances, needs, and wishes.
Read on to learn more about the risks of not having an up to date will and discover five life events that may trigger a review.
If you pass away without an up to date will, this could create difficulties for your loved ones
In the UK, dying without a valid will means that your estate will be distributed according to the rules of intestacy. In other words, the courts – rather than you – will decide how to distribute your wealth and make important decisions, such as who will take guardianship of any dependants you leave behind.
Similarly, if you have a will in place when you die, but it hasn’t been updated for several years, this could have unintended consequences for your family, such as:
- Your assets may not be passed on in line with your wishes – For example, if you’ve remarried since writing your will, your new spouse and any stepchildren may be excluded from inheriting.
- There may be an increased risk of disputes and distress – If your will does not reflect your wishes at the time of your death, this could create uncertainty for your loved ones. As such, disagreements and stress may be more likely.
- Administering your estate could take more time and money – If a family member contests the will or the courts have to intervene, it could lead to delays and added expense.
- You could miss out on the opportunity to make key decisions – This could affect a range of issues, including how your funeral is carried out, who cares for your children after you’ve gone, and which charitable causes benefit from your estate.
- Your family might face a higher Inheritance Tax bill – If you don’t regularly update your will in line with changing Inheritance Tax (IHT) rules, your assets may be divided less efficiently, reducing your family’s inheritance.
5 life events that could trigger the need to review and amend your will
It’s generally recommended that you review your will every three to five years. However, there are certain life events that could trigger the need to make changes more frequently, including:
1. Getting married or entering into a civil partnership
In England, Wales, and Northern Ireland, marriage or civil partnership automatically revokes any previous will unless you created it “in contemplation of marriage”. This means you have explicitly stated in your will that you want it to remain valid after you marry or enter a civil partnership with a specific person.
Unless this exception applies, you must make a new will. If you fail to do so, any children you have from previous relationships may be excluded from inheriting – this is known as “sideways disinheritance”.
2. Dissolution of a civil partnership or getting divorced
The end of a civil partnership or marriage does not automatically invalidate your will. Instead, your ex-spouse or partner will be treated as though they died when your separation was legally finalised. As such, they’ll be removed as a beneficiary and – if you nominated them for the role – as an executor (a person who is legally responsible for ensuring the instructions in your will are carried out).
You’ll need to create a new will to ensure that your estate is passed on to the beneficiaries of your choice, and if necessary, to nominate an alternative executor.
3. The death of a named beneficiary or executor
If someone named in your will as a beneficiary or executor dies or becomes incapacitated, you might want to amend your will to include alternative nominees.
This is especially important if the deceased was the sole beneficiary or executor.
If there is no surviving beneficiary when you die, your estate will be distributed in line with the rules of intestacy – as if you had left no will.
If your sole executor dies, there might not be anyone who is legally authorised to handle your estate, which could delay the probate process and lead to interventions by the court.
4. The arrival of children or grandchildren
Your children or grandchildren will not automatically inherit a portion of your estate; you must name them in your will as beneficiaries.
You may also want to nominate a guardian to care for your dependants after you’re gone.
5. The government introduces new legislation
The rules that govern will writing, IHT, property rights, and other matters that might affect your estate plan may change over time.
For example, the government has confirmed that pensions will no longer be exempt from IHT from 6 April 2027, and the Law Commission has recommended that electronic wills should be made legal.
Such changes could mean that your existing will no longer fulfils its intended purpose and is due for a review.
Get in touch
Will Aid month is an ideal time to have your will written professionally by a solicitor. Our financial planners can support this process by helping you structure your assets tax-efficiently and embedding your will in your wider estate plan.
To learn more, please email hello@sovereign-ifa.co.uk or call us on 01454 416653.
Please note
This article is for general information only and does not constitute advice. The information is aimed at retail clients only.
All information is correct at the time of writing and is subject to change in the future.
Please do not act based on anything you might read in this article. All contents are based on our understanding of HMRC legislation, which is subject to change.
The Financial Conduct Authority does not regulate estate planning, tax planning, trusts, or will writing.
A pension is a long-term investment not normally accessible until 55 (57 from April 2028). The fund value may fluctuate and can go down, which would have an impact on the level of pension benefits available. Past performance is not a reliable indicator of future performance.
The tax implications of pension withdrawals will be based on your individual circumstances. Thresholds, percentage rates, and tax legislation may change in subsequent Finance Acts.
Approved by Best Practice IFA Group Ltd on 14/11/25